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Know
your Rights - Section Three:
Summary
of Resident Rights
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"You have the right to be free from a physical or chemical restraint."
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The
right to exercise your rights
This
is a summary of RCW
70.129, the Washington State Law on Residents Rights, enacted
in 1994. The rights are presented in the same order as in the code. (See Find
out about enforcement actions in Facilities Track Record section of Choosing
a Facility.)
1.
You
can communicate with whom you choose
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You
can make decisions about all aspects of your life: e.g., your healthcare, food,
activity preferences, visitors, when you go to bed and when you get up.
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You
can not be held in the facility against your will, even if you have a guardian.
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You
have the right to be free of interference, coercion, discrimination, and
reprisal in exercising your rights.
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2.
Right to participate in and decide your plan of care
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You
have the right to participate in your care conferences and be involved in
planning your care on an ongoing basis. |
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You
have the right to be informed in advance
about care and treatment and any changes that affect your well being. |
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You
have the right to refuse care. |
3. Right to information
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You
have the right to request your records and receive them within twenty-fours
hours. |
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You
must be informed in writing in a language understandable to you (before
admission and once every two years) about services, items, and activities that
the facility offers and what they cost. This
also includes services, items, and activities not covered by state and federal
programs (e.g., Medicare and Medicaid) or included in the basic daily rate. |
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In general, you must receive thirty days’ advanced written notice of any
changes in availability or charges for services, items, activities, or of
changes in the facility’s rules. |
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You have the right to be informed that the facility’s latest survey or
inspection is available and the right to examine it, including any plans of
correction. |
4.
Right to privacy and respect
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You
have the right to be treated with respect and dignity. |
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Staff must seek your permission before entering your room. |
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Your written consent is required before your personal and clinical records can
be released to anyone outside the facility unless otherwise provided by law. |
5.
Right to Hold Resident
and Family Meetings
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You
have the right to organize and participate in resident groups in the facility. |
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Families may also meet in the facility with the families of other residents. |
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The facility must provide a resident or family group with meeting space. |
6.
Right
to Use Personal Possessions
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You
have the right to retain and use personal possessions and furnishings, as space
permits. |
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You have the right to a lockable space for small items of personal property. |
7.
Right to Not Be Required to Work
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You
have the right to refuse to perform services for the facility, unless you
voluntarily have given agreement. |
8.
Right to manage financial affairs
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The facility must have a system for full, complete, and separate accounting of
your personal funds. |
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Your individual financial record must be made available to you upon request. |
9.
Right to Be Free from Abuse and Restraints
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You have the right to be free from a physical or chemical restraint.
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10.
Right to Notice of Admission Fees, Deposits, Minimum Stay Fees
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Prior
to admission, you have the right to receive in writing, in an understandable
language, a statement of the amount of any admission fees, deposits, pre-paid
charges, or minimum stay fees required by the facility and what portion of these
charges will be refunded if you leave the facility. |
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The facility shall also disclose to you, in advance of your stay, the
facility’s advance notice or transfer requirements. |
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If the facility does not provide these written disclosures to you prior to
admission, you have the right to any deposits, admission fees, prepaid charges,
or minimum stay fees you paid to the facility. |
11.
Right to Refunds
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All
refunds due are required to be refunded by the facility within thirty days from
the date of your discharge. |
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If you are hospitalized, transferred to another facility for more appropriate
care, or die, the facility must refund any monies you have paid less the
facility’s per diem rate for the days you resided, reserved or retained a bed
in the facility, minus an amount not to exceed five days’ per diem charges to
cover its reasonable, actual expenses as a result of your move. |
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Upon your death, the facility must convey within forty-five days, any personal
funds under the management of the facility and a final accounting of those funds
to the entity administering your estate. |
12.
Right to notice of transfer or discharge
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You
have the right to remain in the facility, unless: |
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The
transfer of discharge is necessary for your welfare and you needs cannot be
met in the facility;
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The
safety of individuals in the facility is endangered;
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The
health of individuals in the facility would otherwise be endangered;
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You
have failed to pay for your stay;
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The
facility ceases to operate
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Unless you have agreed to the transfer/discharge, the facility must attempt
through reasonable accommodation to address the issues so that you may continue
to reside at the facility. |
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You have a right to receive a written notice of the facility’s intent to
transfer/discharge you. In most
cases, at least a thirty-day written notice is required.
The notice must include specific information: the reason for and
effective date of transfer/discharge, the location to which you will be
transferred/discharged, and the name, address, and phone number of the state
ombudsman. |
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The facility must provide sufficient preparation and orientation to you to
ensure a safe and orderly transfer/discharge. |
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